 | Thomas Platt - 1847 - 928 sider
...was abolished (2) 6 Ed. 1. c. 5. by 3 & 4 W. 4. c. 27. ><. 36. (r) The writ of waste was abolished _~ charge upon himself, he is bound to make it good,...he might have provided against it by his contract " (z) . Upon this principle, it has been held (a), that if a party covenant to repair under a penalty,... | |
 | 1847 - 650 sider
...Etttnborough in Atkinson v. Ritchie,™ that when the party by hie own contract creates a duty or charge on himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. Pattfson, 3. The defendant clearly does not come within the exception contained in the bill of lading.... | |
 | Charles Broadbelt Claydon - 1847 - 524 sider
...clear, that, where a party by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; notwithstanding any accident...he might have provided against it by his contract : and therefore if a lessee covenants to repair a house, he will be bound to do so : though it be burned... | |
 | Charles Greenstreet Addison - 1847 - 988 sider
...the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. And therefore, if the lessee covenant to repair a house, though it be burned down by lightning, or... | |
 | Joseph Kinnicut Angell - 1849 - 808 sider
...a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it. by his contract.4 1 Evans v. Hutton, 5 Scott, New R. 670. 2 Abbott on Shipp. 704, (5th Am. edit.) 3 Ante,... | |
 | Joseph Story - 1851 - 732 sider
...Mass. R. 325 ; Phillips v. Stevens, 16 Mass. R. 238 ; 2 Saund. 422, note by Williams (2) ; 6 TR 759. bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning, or thrown... | |
 | Joseph Kinnicut Angell - 1851 - 836 sider
...a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it by his contract.3 1 Abbott on Shipp. 704, (5th Am. edit.) 2 Ante, § 37, 59. 3 Per Rogers, J., in delivering... | |
 | Ireland. High Court of Chancery - 1852 - 780 sider
...by his own contract, M,CANN. " creates a duty or charge upon himself, he is bound to make it good, " notwithstanding any accident by inevitable necessity,...he " might have provided against it by his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party... | |
 | Conway Robinson - 1855 - 884 sider
...Yet when by his own contract he creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity...he might have provided against it by his contract. 6 TR 750 ; Walton v. Waterhouse, 2 Saund. 422 a, note ; 16 Mass. 240. A lessee covenants that he will... | |
 | United States. Court of Claims - 1856 - 656 sider
...perform it without any default in him, and hath no remedy over, there the law will excuse him ; but when the party, by his own contract, creates a duty or...might have provided against it by his contract. It that case, which was an action of debt for rent, the defendant pleaded that a certain German prince,... | |
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But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
